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HomeMy WebLinkAbout2736 Clarify Exemption of Accessory Dwelling Units and Revise Requirements for Connection to City's Wastewater Collection SystemOrdinance No. ~ '7 ~ ~ AN ORDINANCE OF THE CITY OF PORT TOWNSEND AMENDING TITLE 13 OF THE PORT TOWNSEND MUNICIPAL CODE, CREATING A NEW SECTION 13.03.120, EXEMPTIONS, TO CHAPTER 13.03, SYSTEM DEVELOPMENT CHARGES FOR WATER AND SEWER CONNECTIONS TO CLARIFY EXEMPTIONS FOR ACCESSORY DWELLING UNITS AND PROPERTIES WHICH ARE NOT CONNECTED TO THE CITY INFRASTRUCTURE SYSTEM BUT HAVE PAID MONTHLY WASTEWATER SERVICE FEES; AND AMENDING CHAPTER 13.22, SEWER CONNECTIONS, OF THE PORT TOWNSEND MUNICIPAL CODE, SECTIONS 13.22.010 AND 13.22.020, TO REVISE REQUIREMENTS FOR CONNECTION TO THE CITY'S MUNICIPAL WASTEWATER COLLECTION SYSTEM IN ACCORDANCE WITH THE PORT TOWNSEND COMPREHENSIVE PLAN WHEREAS, in accordance with Washington law, the City of Port Townsend, through Title 13 PTMC, regulates connections to the City's municipal water and wastewater systems, imposing certain fees and system development charges for such connections; and WHEREAS, the Port Townsend Zoning Code, PTMC Section 17.16.020, enables accessory dwelling units to be constructed on residential properties, and purports to exempt ADUs within the city from paying system development charges for water and wastewater connections to the ADUs. This zoning code provision was adopted in order to facilitate affordable housing within Port Townsend, and to recognize the insignificant impact of accessory dwelling units upon the development of Port Townsend's water and wastewater system. By adopting Section 1 of this ordinance, the City Council intends to clarify this policy; and WHEREAS, since 1993, certain property owners and occupants of properties within Port Townsend have paid wastewater service fees on a regular monthly basis, even though these properties have been served by on-site wastewater (septic) systems, and have not been connected to Port Townsend's municipal wastewater system. While administrative staff has recognized that these properties should not be required to pay system development charges upon connection to the City's municipal wastewater system, the Port Townsend Municipal Code has not clearly established that right. By adoption of this ordinance (Section 13.03.120 PTMC), the City Council hereby clarifies that those property owners who have consistently made monthly wastewater service fee payments under these circumstances will not be required to pay system development charges upon connection to the wastewater system. This new section is adopted for the following reasons: (1) to encourage connection to the system; (2) to recognize that by paying monthly base wastewater service fees without being connected to the wastewater system, these property owners have, defacto, contributed to system development; and (3) that these property owners are vested to the same rights as other property owners who were connected to the system prior to 1993; and WHEREAS, the City's 1996 GMA Comprehensive Plan contains policies regarding on-site septic systems within the city. In 1997 the City Council adopted regulations to implement these policies; and WHEREAS, several issues and concerns were raised in implementing the 1997 regulations, including the cost and fairness in requiring property owners to connect to wastewater system extensions 520 feet from their properties, as well as the requirement that all properties connect to the system by 2002 if they are within 260 feet of the nearest sewer extension; and WHEREAS, the City's draft Wastewater Comprehensive Plan also identified the need for revisions to the existing ordinances that require connection to the City's wastewater collection system when a wastewater collection line is developed within 520 feet of properties; and WltEREAS, the Port Townsend Planning Commission reviewed and recommended approval of amendments to the Port Townsend Comprehensive Plan and to PTMC 13.22.010 and PTMC 13.22.020; and WHEREAS, on December 6, 1999, the City Council approved changes to the City's Comprehensive Plan, including changes to the policies regarding connection to the City sewer system; and WHEREAS, these proposed ordinance changes are necessary to implement the amended Comprehensive Plan policies; and WHEREAS, Section 1 of this ordinance consists of procedural changes only, reflecting current code related to accessory dwelling units and properties, and is exempt from review under the State Environmental Policy Act; and WHEREAS, Sections 2 and 3 of this ordinance were presented and approved for environmental review in accordance with the State Environmental Policy Act, NOW, THEREFORE, the City Council of the City of Port Townsend ordains as follows: SECTION 1. A new Section 13.03.120, Exemptions, is created to add to Chapter 13.03, System Development Charges for Water and Sewer Connections, as follows: 2 Ord. Chapter 13.03 SYSTEM DEVELOPMENT CHARGES FOR WATER AND SEWER CONNECTIONS 13.03.120 Exemptions. A. Accessory Dwelling Units (ADUs). All ADUs located within the city limits which have been permitted and approved in accordance with PTMC 17.16.020 are exempt from the requirement to pay SDCs pursuant to this Chapter 13.03 PTMC. B. Properties Not Connected to the City's Wastewater System. All properties which are not connected to the city's wastewater system shall be exempt from the requirement to pay SDCs upon connection to the system, pursuant to this chapter, provided that the property owner demonstrates the following: 1. The property owner and/or the occupants of the property, have paid monthly wastewater service fees on a regular monthly basis, commencing anytime during 1993; and 2. The property owner and/or the occupants of the property, continue to make such payments until connection of the property to the wastewater system is made; and 3. If such payments have been made in the past (commencing in 1993) but were discontinued for any reason, in lieu of paying SDCs for connection to the wastewater system, the property owner may pay all unpaid accumulated monthly wastewater service fees, plus interest. (Ord. __ § 1, 2000.) SECTION 2. Section 13.22.010, General requirements, Chapter 13.22, Sewer Connections, is hereby amended to read as follows: Chapter 13.22 SEWER CONNECTIONS 13.22.010 General requirements. A. All new development must connect to the city's wastewater collection and treatment system when the development is located within 520, 260 feet of a wastewater collection line, measured from the nearest portion of the subject parcel7 except,,,~"-- new ~;~-~,,,,~,.~ however, that accessory dwelling units within the city approved pursuant to PTMC 17.16.020, are not rem_uired to separately connect to the city's wastewater system, and may connect through the primary, residence located on the property. equal [~, ,,~ ~,~.~. [,,,~, one ,~,~ l,, ~,~, a All new development that is subject to one or more 3 Ord. of the following approvals must connect to the city's wastewater collection and treatment system, regardless of its location: 1. Subdivision, short subdivision and planned unit development (PUD) approvals subject to the subdivision ordinance, PTMC Title 18; 2. Land use or building permit approvals subject to review and threshold determination under the State Environmental Policy Act implementing ordinance, Chapter 19.04 PTMC; and 3. Land use or building permit approvals subject to the permit requirements of the environmentally sensitive areas ordinance, Chapter 19.05 PTMC. 4, Exceptions: New single-family residences located at a distance greater than 260 feet from an existing wastewater collection line that are su~ect to review under Chapter 19.05 PTMC (Environmentally Sensitive Areas, or "ESA"), are exempt from this section, provided that the impacts of the on-site wastewater disposal system are adequately mitigated and conditioned through ESA review. C. New development which is not required to connect to the city's wastewater collection and treatment system under subsections A and B of this section, or because a waiver has been granted, may install an individual orgrotrp on-site septic system; provided, that the following conditions are met: 1 ............ :': ................ : ............................. ' scpti .....u,,u~' .......... ~u,,,,~uu,,' .......... [u u,. City- S ~.w.~ ....... S)-S:~iii} The on-site seotic_ system m~ts Jefferson County h~th d~o~ment r~uirements ~d is ~oprov~ by the Jefferson County environmental hmlth dep~ment; 2. The system is designed to be efficiently converted to the city's sewer system; and 3. The developer enters into a '_'no-protest'_' agreement with the city OreW., requiring connection to the city's sewer system within two year(s) of when a sewer main is within 260 feet of the property line, and/or participation in a local improvement district ("LID") which may include installation of sewer mains, interceptors, pump stations and/or latecomer agreement paybacks,) all to be filed on record fltle, as a condition of any building or development permit.,-and "'l'. lli~i~ 5[;IJH~,.., i~y51[.15111 1;5 /IIJIJI~I. JV~A.I IJy till;; JUlllSli~1311 bUt.lilLy UIIVII~.JIIIIIUIIII%I llg4:l, lCll 4 Ord. ~"/36 E D. ~,[.l ........ j~.y'-- """",.,,,,~., .- ExiSting development containing an on-site septic system will be required to connect to the city's sewer system within two years of the-time notification by the city that a sewer main is located or extended to within 260 feet of the nearest portion of the subject parcel. ¥ E. Not thstanding ~uo~u~,.~ ~, mid Eu. any reouirements_ or exceofions_ stated in this section, if an on-site septic system fails, connection is required unless the nearest portion of the subject parcel is greater than 520 260 feet from the nearest sewer main, in which case the. septic system may be repaired to serve the subject property, provided it can be upgraded to Jefferson County health department requirements. (Ord. ~ § 2, 2000; Ord. 2659 § 2, 1998; Ord. 2579 § 1, 1997). SECTION 3. Section 13.22.020, On-site septic system to comply with city, county and state regulations, is amended as follows: 13.22.020 On-site septic system to comply with city, county and state regulations. A. When on-site septic systems are allowed as defined in PTMC 13.22.010, the type, capacities, location and layout of the system shall comply with all recommendations and regulations of the Jefferson County environmental health department, the Washington State Department of Health, or other state regulatory agency, and with the regulations of the city. No septic tank or cesspool shall be permitted to discharge to any public sewer or natural outlet or to ground surface. The owner shall operate and maintain the private wastewater disposal facilities in a sanitary manner at all times at no expense to the city. B. On-site septic systems shall be inspected and pumped periodically, and in no case less than once every five years. C. When an on-site system is abandoned, the property owner shall pump out the tank and fill it with sand or other appropriate materials and provide documentation to the Port Townsend public works department that the system has been properly abandoned. Abandonment of on- site systems shall comply with all Jefferson County health department requirelllCrlts. (Ord. ~ § 3, 2000; Ord. 2579 § 1, 1997). [NOTE: NO OTHER CHANGES TO PTMC CHAPTER 13.22] 5 Ord. SECTION 4. Sevembility. If any provision of this ordinance or its application to any person or circumstance is held invalid, the remainder of the ordinance, or the application of the provision to other persons or circumstances is not affected. This ordinance shall take effect and be in force five days after the date of its publication in the manner provided by law. Adopted by the City Council of th~City of Port Townsend, Washington, at a regular meeting thereof, held this ~ & day of /-e bt-,,~] ,2000. ~ayor Attest: Pam Kolacy, City Clerk Approved as t~: Stev~n L. olsen, Interim City Attorney 2/16/00 ca§Ord\{ 130322.ord} 6 Ord.